A Kitui County official is in trouble after the High Court issued a warrant for his arrest over the failure to pay an architect Sh63.3 million.
Mr Ben Katungi will spend six months in jail after Justice Anthony Ndung’u ordered his arrest following his failure to appear in court on Monday, as directed to explain why he hasn’t paid Fairplan Systems Ltd for works done in 2014.
The company’s managing director Julius Mutunga said Fairplan was given a contract to provide architectural services for the construction of the Kitui County headquarters and sub-county offices in 2014.
“And you are further ordered to return this warrant with an endorsement certifying the date and the manner in which it has been executed or reasons as to why it has not been executed,” the order issued by the court stated.
Justice Ndung’u had directed Mr Katungi, who is the County Executive Officer (CEC) for finance, to appear before him on Monday and explain why he had failed to pay the money.
The judge said the evidence presented before him was that the CEC had failed to pay Fairplan Systems the amount despite a court order directing him to pay the amount.
“It does not help the respondent’s case that the amounts to be paid are astronomical and that the applicant who has no other means of executing the decree has been exposed to economic hardship, which apparently, the respondent has been comfortable to swat away like an irritant mosquito,” the judge said.
Through lawyer Patrick Lutta, the company said it obtained a judgment of Sh63 million last year. And despite being served with a demand to settle the debt, the county government was yet to pay his client.
The lawyer said Mr Katungi has failed to pay the architect or explain why he has not been able to pay and it was safe to assume that his conduct was deliberate.
He said he is aware the county had received funds to pay pending bills together with the budgetary allocation for 2021-2022 and unless he is compelled to pay, it will spend the whole sum without paying the company.
“The Respondent has received funds for settling pending bills including the ex-parte Applicant’s together with the budgetary allocation for 2021-2022 from treasury and is stubbornly refusing to pay,” he said.
